NEW YORK, US — A federal judge has struck down a Trump administration US immigrant visa policy that suspended immigrant visa issuance to nationals of 75 countries, ruling that the State Department exceeded its legal authority by imposing a sweeping nationality-based restriction.
US District Judge Jeannette Vargas issued the ruling Friday in Manhattan, finding that the policy conflicted with federal immigration law and improperly interfered with authority Congress assigned to consular officers when deciding individual immigrant visa applications.
Court Rules US Immigrant Visa Policy Exceeded Authority
The State Department introduced the suspension in January as part of a broader review of immigrant screening and public-charge rules.
Effective Jan. 21, the department paused immigrant visa issuance for nationals of 75 countries across Africa, Asia, Europe, Latin America, the Middle East and the Caribbean.
The administration said applicants from the designated countries presented a heightened risk of becoming dependent on local, state or federal public benefits after immigrating to the United States.
Vargas rejected the government’s approach, finding that federal law did not allow the secretary of state to effectively dictate visa refusals based solely on an applicant’s nationality.
The ruling centered on the authority Congress gives individual consular officers to determine whether immigrant visa applicants qualify under US law.
Under the Immigration and Nationality Act, applicants can be denied admission if officials determine they are likely to become a public charge. Those determinations ordinarily consider the circumstances of the individual applicant rather than nationality alone.
The 75-country policy instead paused immigrant visa issuance for nationals of the designated countries while the State Department reviewed its screening and vetting procedures.
Vargas concluded that the State Department had gone beyond the authority granted to Secretary of State Marco Rubio.
Applicants across several regions were affected
The suspension covered a geographically diverse group of countries.
Among them were Brazil, Colombia and Uruguay in Latin America; Albania and Bosnia and Herzegovina in Europe; Bangladesh and Pakistan in South Asia; and numerous countries in Africa and the Middle East.
Caribbean countries were also included.
The State Department list covered Antigua and Barbuda, The Bahamas, Barbados, Belize, Cuba, Dominica, Grenada, Haiti, Jamaica, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines.
Other affected countries included Afghanistan, Algeria, Armenia, Azerbaijan, Belarus, Bhutan, Cambodia, Cameroon, Egypt, Ethiopia, Ghana, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Liberia, Libya, Morocco, Nepal, Nicaragua, Nigeria, Russia, Somalia, Sudan, Syria, Tanzania, Thailand, Tunisia, Uganda, Uzbekistan and Yemen.
The breadth of the policy meant the ruling carries consequences well beyond any single country or region.
Lawsuit challenged blanket nationality restrictions
The legal challenge was brought by Catholic Legal Immigration Network Inc. and African Communities Together, along with immigrant visa applicants and US citizens sponsoring relatives from countries covered by the suspension.
The challengers argued that the State Department could not impose a blanket prohibition that effectively predetermined how consular officials must decide individual visa applications.
Vargas agreed that the policy conflicted with the statutory framework established by Congress.
Federal immigration law also contains restrictions against discrimination in the issuance of immigrant visas based on a person’s nationality, place of birth or place of residence.
The judge determined that the government’s policy could not be reconciled with those requirements.
Reuters reported that the State Department did not immediately respond to a request for comment following the decision.
Court ruling does not guarantee visa approval
The ruling does not mean nationals of the 75 countries are automatically entitled to receive immigrant visas.
Applicants must still satisfy the normal requirements of US immigration law.
Consular officers can continue examining factors such as financial circumstances, admissibility, eligibility for the requested visa category, required documentation and public-charge considerations.
Applicants may also be denied visas under other applicable provisions of federal immigration law.
The significance of Vargas’ ruling is that nationality under the challenged 75-country policy can no longer serve as the blanket basis for preventing immigrant visa issuance, subject to any further court action.
The decision removes the 75-country policy as a basis for blanket refusals and returns affected cases to individualized consideration under federal immigration law.
Separate US visa restrictions remain in place
The court decision also should not be confused with other immigration and entry restrictions imposed by the Trump administration.
The ruling comes as Washington continues tightening other areas of visa policy, including the US visa bond program, which became permanent for nationals of selected countries.
A separate presidential proclamation that took effect Jan. 1 fully or partially suspended visa issuance and entry for nationals of 39 countries, along with certain people traveling on documents issued or endorsed by the Palestinian Authority.
Those restrictions were imposed under separate presidential authority and are not the policy struck down in Vargas’ ruling.
That distinction could prove especially important for applicants from countries appearing on both lists.
A national affected by the 75-country immigrant visa suspension may therefore still face restrictions under a separate presidential proclamation or another provision of US immigration law.
Trump administration tied policy to public benefits
The State Department said when it announced the suspension that the administration was conducting a comprehensive review of screening and vetting standards intended to ensure immigrants would be financially self-sufficient.
President Donald Trump has made tougher immigration enforcement a central part of his second-term agenda, arguing that tighter controls are necessary for national security, immigration enforcement and protection of public resources.
The 75-country visa policy focused specifically on the administration’s concerns about immigrants potentially becoming dependent on government assistance.
But the court found that those policy objectives did not give the State Department authority to override the system Congress established for deciding individual immigrant visa applications.
What happens next for affected applicants
For people whose immigrant visa applications were affected solely by the 75-country suspension, the ruling removes that policy as a lawful basis for blanket visa refusals.
However, a new State Department action announced this week could still delay immigrant visa applicants worldwide.
The Trump administration has paused immigrant visa appointments at US embassies and consulates while consular officers undergo additional training focused on identifying applicants who may become dependent on public benefits, Reuters reported Wednesday.
The new pause is broader than the 75-country policy struck down by Vargas because it affects immigrant visa appointments globally rather than applicants from a designated list of countries.
The State Department has not announced a clear timetable for when affected appointments will resume.
Further litigation over the broader immigration crackdown also remains possible.
For applicants from the 75 countries covered by the January policy, Vargas’ ruling remains a significant legal victory because nationality alone can no longer serve as the blanket basis for refusing immigrant visas under that policy. But the administration’s new worldwide processing pause means many applicants could still face delays while the State Department implements its latest screening measures.
